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Legislature won't yet reconvene, as some lawmakers call for immediate end to stay-at-home order

Gov. Doug Ducey speaks during a press conference about extending his statewide stay-at-home order on April 29, 2020, at the Arizona Commerce Authority Conference Center in Phoenix.(Photo: Sean Logan/The Republic)

Legislative leaders have scrapped plans to return to the state Capitol on Friday after Gov. Doug Ducey said his stay-at-home order will remain in effect through mid-May, but some Republicans suggested holding a vote to end the governor's directive.

The Legislature adjourned temporarily March 23 as the number of coronavirus cases around the state mounted. Top lawmakers announced a plan about a week ago to return only briefly on May 1. They planned to bring a formal close to the annual session and await better data on an expected budget shortfall they could then address, if needed, in a special session over the summer.

But many lawmakers and lobbyists rejected the plan, arguing it would amount to tossing much of their work out the window. Some have argued for resuming work on a variety of bills while others have argued for returning to take up legislation related to the coronavirus.

House Speaker Rusty Bowers sent a brief email to members on Thursday stating they would not meet May 1, as previously planned. He offered no hint of when lawmakers might reconvene but said he would have an update soon. The Senate also struck its Friday meeting off the calendar.

Meanwhile, a group of Republican legislators has grown increasingly critical of the governor’s stay-at-home order, contending it is too restrictive and joining calls for Ducey to either lift the measure immediately or let it expire Friday as initially planned.

Rep. Kelly Townsend in her office on April 10, 2019, at the Arizona House of Representatives in Phoenix.(Photo: Sean Logan/The Republic)

Rep. Kelly Townsend, R-Mesa, said she would support a continuing resolution which, if approved by the Legislature, would end the current state of emergency declaration.

House Majority Leader Warren Petersen, R-Gilbert, said that he also supports ending the declaration.

Other legislative leaders have cautioned against such a move, however.

In an email to members, Senate President Karen Fann, R-Prescott, warned that ending the state of emergency would cut off some federal funding that will assist Arizona's response to the coronavirus. It would also void other executive orders by the governor, such as one that pushed back the deadline for filing state income taxes, she wrote.

Democratic lawmakers have praised the governor's decision to keep the stay-at-home order in place and caucus leaders said Thursday they would support returning to address the state's response to the coronavirus, but not other legislation.

"If we are not there to work on COVID-19-related issues, then the Speaker and Senate President should not put members, staff and the public at risk by resuming the legislative session for business as usual," Senate Minority Leader David Bradley, D-Tucson, and House Minority Leader Charlene Fernandez, D-Yuma, said in a joint statement.

With the session on hold, uncertainty over hundreds of bills that were still wending through the Capitol when lawmakers adjourned in late March.

The Legislature had already passed a basic budget that will keep government functioning into the new fiscal year, which starts in July, and approved $50 million in economic relief that has gone to food banks, homeless shelters and other organizations.

It remains unclear how much money policy makers might have for new programs or tax cuts once the state feels the full brunt of the current shutdown, which has severely crippled a wide range of businesses along with the tax revenue they generate.

Legislative analysts said in early April the state may face a budget shortfall ranging from $600 million to $1.6 billion. Lawmakers expect more reliable data in June but until then, can count on a rainy day fund brimming with nearly $1 billion to keep the state government operating.

It is unclear how the Legislature might operate if it does return to work in the near future.

Bringing the coronavirus close to home for lawmakers, one of their colleagues, state Sen. Lupe Contreras, D-Avondale, tested positive for the infection in recent weeks.

And even before adjourning, COVID-19 was changing how lawmakers do business.

Some lawmakers are at higher risk due to age or other health issues. Rep. Amish Shah, D-Phoenix, said he would no longer attend proceedings at the Capitol while working his shifts as a doctor at a local hospital so as not to potentially spread the disease to his colleagues in the Legislature.

The Legislature has sought to adapt in some ways. The House allowed members to vote remotely via a video conferencing service. But the House and Senate also closed the galleries and lawmakers have expressed reservations about such restrictions interfering with the public's ability to watch and weigh in on the legislative process.

Contact Andrew Oxford at andrew.oxford@arizonarepublic.com or on Twitter at @andrewboxford.

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